| Joe vs. Lisa: Border Security |
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Senator Murkowski – Border Security
July 8, 2009: S.Amdt. 1399 to S.Amdt. 1373 to H.R. 2892 (Department of Homeland Security Appropriations Act, 2010) “To require the completion of at least 700 miles of reinforced fencing along the southwest border by December 31, 2010.” Murkowski (R-AK), Nay
Text from Amendment: SEC. __. BORDER FENCE COMPLETION. ''Fencing that does not effectively restrain pedestrian traffic (such as vehicle barriers and virtual fencing) may not be used to meet the 700-mile fence requirement under this subparagraph.''; not later than December 31, 2010, complete the construction of all the reinforced fencing and the installation of the related equipment. FUNDING NOT CONTINGENT ON CONSULTATION.--Amounts appropriated to carry out this paragraph may not be impounded or otherwise withheld for failure to fully comply with the consultation requirement --Not later than September 30, 2009, the Secretary of Homeland Security shall submit a report to Congress that describes-- the progress made . . . and . . . the plans for completing such fencing before December 31, 2010.”
April 2, 2009: S.Amdt. 969 to S.Con.Res. 13 “To provide for a point of order against any appropriations bill that fails to fully fund the construction of the Southwest border fence.” Murkowski (R-AK), Nay
Text from Amendment: SEC. __. POINT OF ORDER AGAINST FAILURE TO FULLY FUND SOUTHWEST BORDER FENCE.
FROM THE CONGRESSIONAL RECORD: Mr. SESSIONS: “Mr. President, I thank the chairman of the committee. This Congress passed the Secure Fence Act of 2006 by a vote of 80 to 19, with broad bipartisan support, including then-Senators Obama, Biden, and Clinton. We committed to 700 miles of barriers. Today we are less than halfway there. The funding has simply not been there. Some progress is being made in areas where the fencing is in place. We have had a dramatic reduction in crime in the San Diego area since the fence was completed a number of years ago. This will help us reduce crime. It will help us reduce drug smuggling, gun smuggling, and immigration violations. We have a lawless border. Progress is being made, colleagues. We are seeing a reduction in the number of people entering America, a reduction in the number of arrests. And if we follow through with what we have told the American people we intend to do, we will be able to create a lawful system of immigration, which is a responsibility this Congress has. I urge support of this amendment. It is consistent with previous votes. It puts a budget point of order against an appropriation in this area that does not fund the fence completion.”
June 7, 2007: S.Amdt. 1311 to S.Amdt. 1150 to S. 1348 “To require the enforcement of existing border security and immigration laws and Congressional approval before amnesty can be granted.” Murkowski (R-AK), Nay
Text from Amendment: (1) IN GENERAL.--In addition to the requirements under subsection (a), at such time as any of the provisions described in paragraph (2) have been satisfied, the Secretary of the department or agency responsible for implementing the requirements shall certify to the President that the provisions of paragraph (2) have been satisfied. (2) EXISTING LAW.--The following provisions of existing law shall be fully implemented, as previously directed by the Congress, prior to the certification set forth in paragraph (1):
FROM THE CONGRESSIONAL RECORD: Mr. COBURN: “The Federal Government has an obligation to secure the U.S. borders and enforce U.S. laws. The American people expect that their laws will be upheld. The United States faces a history since the 1986 amnesty bill of being overpromised and undersold on immigration enforcement by their Government. The Federal Government has failed and has rightfully lost the trust of the people. How can the people trust that this time things will be any different than 1986? This is not about having welcoming arms; this is about the security of this country and the rule of law. This amendment is the first step to help restore some of the trust Congress has lost. It says that before this bill can go forward, the President must demonstrate to Congress, and Congress must agree, that current laws are being enforced--laws that are on the books. This amendment is common sense. If the agencies can demonstrate that U.S. borders are secure and immigration laws are enforced, then the American people have reason to believe that this time things will be different. They will demonstrate that compassion, once again, so often seen in the past. It takes several provisions of existing law, laws that are on the books, and requires they be fully implemented before we grant amnesty or legal status to illegal aliens. What are they? The Department must achieve and maintain operational control over the international maritime borders of the United States, as required by a law passed last year by 80 to 19 in this body--the Secure Fence Act. All databases maintained by the Department with information on aliens shall be fully integrated, as required by section 202 of the Enhanced Border Security and Visa Entry Reform Act of 2002. That is not accomplished yet. The exit portion of the U.S. visa system is to be fully implemented, as required by section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. That is not being enforced. [It ensures] that the provision of law that prohibits States and localities from adopting sanctuary policies is fully enforced by section 642 of the Illegal Immigration Reform and Responsibility Act of 1996; that the Department employ fully operational equipment at each port of entry in accordance with section 303 of the Enhanced Border and Security and Visa Entry Reform Act of 2002; aliens with border crossing cards are prevented from entering unless their biometric card is matched to them, as required by section 1101(a)6 of Title VIII of United States Code. [The trigger] requires the agencies that are responsible for implementing these laws and the various portions of them to report to the President when they have been fully implemented, and that the President review the certifications and either approve or deny them. If the President denies the agency has fulfilled the requirement, according to the law, the President must instruct the agency on what to do and when to bring it up to date. Congress shall then, on an expedited basis, once the President has certified, review the report and pass a resolution affirming the laws have been enforced; that they have been implemented. We are not ever going to gain back the trust of the American people on immigration until we do what we have already passed. It is not about not welcoming people, it is about the rule of law and understanding that only can they have a future if we maintain the rule of law. This amendment requires before any illegal alien is allowed to adjust their legal status that Congress certify the Department of Homeland Security has operational control of the border. Americans have a right to question whether things will be different this time. What this amendment will do is ensure that a employer verification system, required by the current trigger, is actually implemented and working properly before we grant legal status to those who are here illegally. It is not enough to allow Presidential certification; that will not likely be reviewed. We have that problem now. Congress must review, discuss, have hearings, and then publicly vote to certify that the provisions required in this bill, and by prior laws, are functioning. That is when we will regain the trust of the American people. This amendment will provide the transparency and accountability to the public Americans want. Not only that, if the public views the enforcement mechanism as inadequate and not in compliance with our laws, they will be able to hold elected officials accountable at the voting booth. We have to build their confidence. We have to regain the trust of the American people that we will, in fact, this time do what is necessary to secure our borders and control our borders. We are at risk, as the discovery of the Fort Dix belated plan reflects, in terms of our own national security. So it is not all about immigration, it is about national security, and there is nothing in this bill that forces the President of any party who is in charge or forces the Congress to do anything different than we have done in the past.” May 16, 2006: S.Amdt. 3961 to S. 2611 “To prohibit the granting of legal status, or adjustment of current status, to any individual who enters or entered the United States in violation of Federal law unless the border security measures authorized under Title I and section 233 are fully completed and fully operational.” Murkowski (R-AK), Nay
TEXT OF AMENDMENT: SEC. 133. BORDER SECURITY CERTIFICATION. “The Secretary may not implement any program authorized by this Act, or by amendments made under this Act, which grants legal status to any individual, or adjusts the current status of any individual, who enters or entered the United States in violation of Federal law unless the Secretary has submitted a written certification to the President and Congress that the border security measures authorized under Title I and the increases in Federal detention space authorized under section 233 have been fully completed and are fully operational.” |
After a concurrent resolution on the budget in the Senate is agreed to, it shall not be in order in the Senate to consider any appropriations bill that fails to provide at least $2,600,000,000 to carry out section 102(b)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note).
